Opinion
5824.
Decided on October 25, 2011.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about February 5, 2010, which denied defendant's CPL 440.46 motion for resentencing, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.
Tom, J.P., Saxe, Moskowitz, DeGrasse, Abdus-Salaam, JJ.
The court properly exercised its discretion in determining that substantial justice dictated denial of the motion ( see generally People v Gonzalez , 29 AD3d 400, lv denied 7 NY3d 867). Defendant's history of recidivism and absconding outweighed the positive factors cited by defendant, including his prison record ( see e.g. People v Soler , 45 AD3d 499 , lv denied 9 NY3d 1009).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.